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DRC Reso 134R-2003-19 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 134 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW 5,638 SQUARE FOOT TWO-STORY RESIDENCE WITH A 45 % FLOOR AREA RATIO AND A SECOND STORY DECK EXCEPTION. SECTION II: PROTECT DESCRIPTION Application No.: R-2003-19 Applicant/ Owner: Mike Chen (Yang) Location: 22333 Stevens Creek Blvd. SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a special permit and second -story deck exception, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area and the following exception findings can be met; 1. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed addition is harmonious in scale and design with the general neighborhood. 4. The proposed addition is consistent with design guidelines approved by the City Council. 5. The proposed addition will not result in significant adverse visual impacts as viewed from adjoining properties. 6. The proposed second story deck is designed such that it decreases privacy intrusion to adjoining properties to the greatest extent. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. R-2003-19, is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application Resolution No. 134 R-2003-19 December 17, 2003 Page 2 R-2003-19 as set forth in the Minutes of the Design Review Committee Meeting of December 17, 2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "Proposed Residence W/Guest Unit, 22333 Stevens Creek Blvd., Cupertino, CA 95014," dated October 1, 2003, except as amended by this resolution. 2. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements. The precise language will be subject to approval of Planning staff. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 17th day of December 2003, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Commissioner Wong and Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: /s/ Ciddy Wordell Ciddy Wordell City Planner APPROVED: / s / Taghi Saadati Taghi Saadati, Chairperson Design Review Committee